Reflections on the French Council of State’s Ruling of 26 August 2016 “Banning the »Burkini«”

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Reflections on the French Council of State’s Ruling of 26 August 2016 “Banning the »Burkini«”

Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2018, Vol 10, Issue 4

Abstract

The article offers an analysis into the French Council of State’s ruling of 26 August 2016, which suspended a ban – imposed by a decision of a mayor of a coastal resort town – on wearing the burkini on local beaches. “The burkini issue” has been also dealt with in Belgium, which is why the analysis presented in this article and the accompanying reflections serve as a good opportunity to offer a brief comparison of the French and the Belgian specificities of the constitutional form of the relationships between the state and churches, and a range of relevant references to the ECHR’s judicial decisions concerning the problem of the presence of symbols – being manifestations of one’s beliefs – in the public sphere of a democratic state.<br/><br/>

Authors and Affiliations

Jacek Falski

Keywords

burqa niqab burkini principle of secularity freedom of thought conscience and religion Constitution of France Constitution of Belgium judicial practice of the Council of State judicial practice of the ECHR

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EP ID EP518764
DOI 10.7206/kp.2080-1084.257
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